PHOENIX — The ABC15 Investigators are committed to holding the powerful accountable and uncovering waste, fraud, and abuse in our community.
Many of our difference-making reports utilize public records to expose government actions and their impact on Arizonans.
It was through numerous public record requests and the fulfillment of those requests that ABC15 Investigator Jennifer Kovaleski was able to prove federal agents wrongfully arrested a Phoenix woman.
ABC15 is committed to finding the answers you need and holding those accountable.
Submit your news tip to Investigators@abc15.com
Public records obtained exclusively by the ABC15 Senior Investigator Melissa Blasius helped to uncover how Arizona taxpayer dollars were spent on pianos and ski trips for kids who received Empowerment Scholarship Accounts for K-12 education.
ABC15 Investigator Anne Ryman’s dogged requesting and digging through public records revealed how many Arizonans have died in dental chairs.
Although access to public records is a fundamental right, gaining access to them can be costly, time-consuming, and filled with roadblocks that deter the public from obtaining them.
For all these reasons, the ABC15 Investigators are participating in Sunshine Week, a week dedicated to informing the public about their rights to access public records and government transparency.
Through a series of reports, we will investigate:
- How Arizona ranks when it comes to the ability for citizens to access public records
- The cost of obtaining public records
- Bills in the Arizona legislature that could impact government transparency
- Roadblocks in obtaining public records and;
- Resources available to members of the public trying to obtain public records
Police video fees can deter requesters, impact transparency
A 2023 Arizona state law allowed law enforcement agencies to charge up to $46 "per video hour reviewed" to the public seeking body camera or other police video, but open government advocates say the total charge for video can deter people from accessing public records and reduce government transparency.
Some agencies, including Mesa and Gilbert police departments, charge the full fee. Other departments have left their fees unchanged. The Phoenix Police Department still charges $4 for all the body-camera footage for an entire case.
Some police situations involve dozens of officers and can result in hundreds of hours of footage.
But the ability to pay the fees can impede the public's right to know.
In Avondale, Pria DuPont didn't move forward in obtaining records related to a police call to her home after receiving an invoice for $1,370, most of the charge related to video release.
Mesa's police chief had testified in favor of the $46-per-hour bill at a 2023 state House hearing, and he explained that processing such requests is a costly and time-consuming task.
"In our jurisdiction, we have a two-year wait for somebody to get body-worn camera footage after a request through our records division," Chief Ken Cost said. "We spend about 370 hours per month on body-worn camera footage."
"We need fewer barriers to timely access to important records, not more barriers," Gunita Singh, an attorney with the Reporters Committee for Freedom of the Press, told ABC15 in a February interview.
In Arizona, crime victims and criminal defendants can receive police records for their cases free of charge.
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How long does it take? Delays, roadblocks, and the process of obtaining public records
David Cuillier is the project director for the Joseph L. Brechner Freedom of Information Project at the University of Florida. He helps put on Sunshine Week as the intent is to educate the public on their right to know.
“Every state has problems, including Arizona,” he said. “It’s getting worse throughout the country.”
Cuillier said it’s harder to get information out of the government and, “what we see across the country is delays are getting longer.”
The ABC15 Investigators asked what can be done if government agencies are not responding to public records — or not responding in a timely fashion.
“It's really important that we create new systems that allow us to challenge the secrecy without having to go to court,” said Cuillier.
The ABC15 Investigators put local government agencies to the test by requesting the same public record from five of the largest counties, and multiple large cities across the Valley.
We requested a list of all employees who make over $100,000 and requested the records to be fulfilled within seven days of our request.
The City of Phoenix was the first to respond and sent us an online database where the information is readily available to the public.
The City of Glendale and the Town of Gilbert did not meet that seven-day deadline.
Cuillier called this request an “easy” public record, and “if an agency wouldn't provide it, that would be unusual,” he said.
“I think that's really poor records management and poor accountability to the public,” Cuillier said. “Not only should they hand out over within seven days, maybe one day, they should put that online. People shouldn't even have to ask.”
A spokesperson for the City of Glendale said that records for the city are fulfilled in the order they are received. The Town of Gilbert also said that records are fulfilled in the order they are received.
“While this may seem like a straightforward request, each municipality has different platforms and procedures for handling these inquiries,” said a spokesperson. “Gilbert processes records requests as they are received, and although we strive to meet deadlines, it is not always feasible due to the high volume of requests we receive.”
Cuillier said oftentimes we see records departments understaffed, especially with local police departments.
“It may be deliberate, I don't know,” he said. “But the outcome is that people can't find out what the police are up to in any timely fashion.”
The ABC15 Investigators often hit roadblocks when it comes to public records that are needed for stories.
The Maricopa County Sheriff’s Office recently told the ABC15 Investigators that payments for records we requested could only be paid by, “business checks, cashier’s checks, money orders and cash (exact change).”
Another recent roadblock was when we the ABC15 Investigators requested body camera video from an arrest with the Tempe Police Department and we were told it would take about 14 months to receive.
Cuillier said police have a huge amount of power in our communities, and that power comes with responsibility and accountability.
“Of all the agencies out there in government, law enforcement should be held to the highest standard of transparency.”
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Arizona legislators decide whether to strengthen or weaken laws surrounding public records and transparency
Two bills introduced this year are aimed at giving the public better access to their local elected officials.
- Senate Bill 1243 would move what’s called the “open call to the public” to the front of public meetings before any business even takes place. Now, some city councils force residents to wait until near the end of the meeting if they want to make comments about topics that aren’t on the meeting agenda. If the meeting is long, that can mean a wait of several hours.
- Another bill applies only to school boards. House Bill 2169 would require school boards to hold all board meetings inside school district boundaries.
"We've been hearing of some pretty egregious cases of school districts traveling out of state on these junkets,” said Rep. Matt Gress, R-Phoenix, the bill’s sponsor.
In particular, he cites a state audit that accused the Gadsden Elementary School District in 2020 of “wasting” $65,000 on what the auditor called “unnecessary travel.” The board held annual board meetings at a resort on Coronado Island. The practice occurred for more than a decade, according to the audit.
“It is insulting to taxpayers for this to occur,” Gress said.
The bill would also require school districts with more than 5,000 students to livestream their board meetings. The Arizona School Administrators, a group that represents superintendents and principals, is opposed to the bill, saying it would be difficult for some small districts to train, staff and purchase equipment for live streaming.
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More Arizonans looking for government accountability, pushing for public access
One way Arizonans can get access to information if they feel state agencies are dragging their feet is through the work of a citizen aid, also known as an ombudsman.
Every state agency is required to have an internal ombudsman to resolve disputes, however, when that doesn’t work, the Arizona Office of Ombudsman-Citizens Aide (AZOCA) office steps in to make sure the government is held accountable to citizens.
From permits, child services, reimbursements, and all kinds of public information issues, the AZOCA helps with thousands of complaints every year about how the government is running.
“There are no two days that are the same, because we take a look at administrative actions of all state agencies, and there's a lot of them,” Ombudsman Joanne MacDonnell said. “It's an opportunity to help make sure that things are right.”
The office saw a 16% increase in total inquiries and a 35% increase in public access-related inquiries last fiscal year compared to 2023.
Simply put, more people need help getting a response from government agencies, including access to public records and information.
“If we want to be able to have an informed ability to judge and decide on who runs the government in Arizona, we need to know what the government in Arizona is doing,” Senior Staff Attorney Danee Garone said. “When an agency goes dark on you, or they acknowledge your request and then you never hear back, they don't respond to your follow-ups — that's usually a pretty good indicator you should follow up and we can prod them and get some information.”
The AZOCA should be a last resort in getting a dispute resolved. There are three steps people should take:
- Attempt to resolve the issue with the specific agency’s internal citizen aid.
- Check if the nature of the dispute is within the jurisdiction of the AZOCA.
- If the issue persists, then reach out to the office and provide all required information.
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For more information about Sunshine Week, click here.
If you are struggling to access public records or have an investigative news tip, email the ABC15 Investigators at investigators@abc15.com.